Search Results for "Section 13(2)"

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Search Results for "Section 13(2)"

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Supreme Court

Supreme Court Interprets Pre-Deposit Requirement Under Section 18 of SARFAESI Act in Appeals by Borrowers and Secured Creditors. The court held that pre-deposit is mandatory, computed based on the amount claimed in the notice under Section 13(2), excluding future interest, with adjustments for recoveries after filing the petition under Section 17.

23 Apr 2025

The Supreme Court of India, in a group of appeals, addressed the interpretation of Section 18 of the Securitisation and Reconstruction of Financial As...

Supreme Court

Supreme Court Sets Aside Discharge for IPC Offences Due to Lack of Sanction Under Section 197 CrPC, Upholds Corruption Charges Under Prevention of Corruption Act. Deputation of Public Servant to Municipal Corporation Renders Section 197 CrPC Inapplicable as He Ceases to Be Removable by Government, and Amended Section 19 of PC Act Does Not Apply Retrospectively to Retired Official.

22 Apr 2025

The Supreme Court heard two appeals by special leave against a common judgment and order dated 29 January 2024 of the High Court of Punjab and Haryana...

Supreme Court

Supreme Court Reverses Acquittal and Restores Conviction in Prevention of Corruption Act Case Due to Trustworthy Evidence and Applicable Presumption. The Court Held That Minor Discrepancies in Witness Testimony Do Not Vitiate Prosecution When Core Facts of Demand and Acceptance Are Established Under Sections 7 and 13(1)(d) Read with Section 13(2) of the Prevention of Corruption Act, 1988.

16 Apr 2025

The present criminal appeal arose from a judgment and order dated 09.03.2012 passed by the High Court of Karnataka, Circuit Bench at Dharwad in Crimin...

Supreme Court

Supreme Court Quashes Criminal Proceedings Against Borrowers in Bank Fraud Case After Settlement of Civil Liability. The Court held that the dispute was essentially civil/commercial, with no wrongful loss to the bank after full payment, making continuation of proceedings under Sections 419, 420, 467, 468, 471, 120B IPC and Section 13 PC Act an abuse of process under Section 482 CrPC and Article 226 of the Constitution.

16 Apr 2025

The appeal arose from a challenge to the High Court's order dismissing a petition to quash an FIR and charge sheet filed by the Central Bureau of Inve...

Supreme Court

Supreme Court Allows State Appeal in Prevention of Corruption Act Case, Reinstating FIR Quashed by High Court. Preliminary Enquiry Not Mandatory Under Section 17 When Superintendent of Police Orders Investigation Based on Detailed Source Report Disclosing Cognizable Offence.

8 Apr 2025

The State of Karnataka appealed against the Karnataka High Court's order quashing proceedings against a public servant for offences under the Preventi...

Supreme Court

Supreme Court Sets Aside Quashing of Corruption Proceedings Due to Improper Exercise of Inherent Powers. High Court's Order Under Section 482 CrPC Was Unjustified After Dismissal of Discharge Application and Revision Petition on Same Grounds, Violating Principles Against Circumvention and Multiplicity.

26 Mar 2025

The appeal arose from a judgment of the High Court of Madras quashing criminal proceedings against the respondent under Section 13(2) read with Sectio...

Supreme Court

Supreme Court Acquitted Accused in Bribery Case Due to Lack of Proof Beyond Reasonable Doubt

7 Mar 2025

Demand and Acceptance of Bribe Not Established – Conviction and Sentence Set Aside – Prosecution’s Case Collapsed Due to Inconsistent Evidence �...

Supreme Court

Supreme Court Dismisses Transfer Petition in Cheque Dishonour Case, Upholds Jurisdiction Under Section 142 of the Negotiable Instruments Act, 1881

6 Mar 2025

Bank’s Right to Choose Jurisdiction for Cheque Dishonour Cases Upheld – Transfer Denied Under Section 406 of the Code of Criminal Procedure, 1973 ...

Supreme Court

Supreme Court Set Aside Conviction Under Sections 120B and 411 IPC — Ordered Return of Seized Gold Bars to Appellant. Acquittal of Co-Accused Upheld — Failure to Prove Seized Gold Was Stolen Property — Reasonable Doubt Favored Accused

25 Feb 2025

Constitution of India (COI) — Article 21 — Right to Fair Trial — Burden of Proof on Prosecution — Chain of Circumstances Must Be Complete. In...

Supreme Court

Supreme Court Acquits Appellant in Disproportionate Assets Abetment Case — No Evidence of Abetment Under Section 109 IPC. The Court held that mere ownership of assets in the name of a spouse does not constitute abetment of disproportionate assets under Section 13(1)(e) of the Prevention of Corruption Act, 1988 without proof of instigation, conspiracy, or intentional aid.

1 Jan 2025

The Supreme Court allowed the appeal of P. Shanthi Pugazhenthi, who was convicted for abetting her husband's acquisition of disproportionate assets un...

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